Case Disclosed


Back to Basics: Why Partisan Gerrymandering Violates the First Amendment

MFIA filed an amicus brief opposing partisan gerrymandering on behalf of the Floyd Abrams Institute for Freedom of Expression at Yale Law School.

Trump and the Toothless Presidential Records Act

An ethics watchdog group is challenging the use of encrypted messaging apps by senior White House officials.

The Unreasonableness of "Reasonable" Prepublication Review, Part 1

In 1931, the landmark decision Near v. Minnesota established that, as a general matter, prior restraints—“government action[s] that prohibit[] speech or other expression before the speech happens”—are unconstitutional under the First Amendment. As with most First Amendment jurisprudence, the decision recognized that there could be exceptional circumstances in which prior restraints may be allowable, notably in the context of national security.

Data Gathering and the Right to Petition

As of the time of writing, the California Spotted Owl, Tricolored Bat, Narrow-foot Hygrotus Diving Beetle, and close to 150 other animal species are awaiting official determinations by the U.S. Fish and Wildlife Service as to whether they qualify as endangered.

The First Challenge To FOSTA Was Dismissed — Along With The First Amendment’s Unique Standing Doctrine

A few months ago, the Electronic Frontier Foundation (EFF) sued the government on First and Fifth Amendment grounds for enacting the Allow States and Victims to Fight Online Sex Trafficking Act.